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Duke  University  Libraries 

(Communication 
Conf  Pam  12mo  #202 


MESSAGE  OF  THE  PRESIDENT. 


Richmond,  Va.,  April  21,  1863. 

To  the  House  of  Representatives  : 

I  herewith  transmit,  for  your  information,  communications  from  the 
Secretary  of  War  and  the  Attorney  General,  in  response  to  your 
resolution  of  February  21st,  enquiring  "  whether  the  Government 
holds,  or  has  at  any  time  held,  itself  liable  for  the  value  of  slaves 
impressed  by  its  authority  and  escaping  to  the  enemy  while  so  im- 
pressed, and  whether  the  owners  of  such  slaves  have  been  paid." 

Whether  the  liability  of  the  Government  shall  be  extended  to  such 
cases  is  a  question  to  be  determined,  not  by  the  Executive,  but  by 
Congress. 

•JEFFERSON  DAVIS. 


COMMUNICATION  FROM  THE  SECRETARY  OF  WAR. 

Confederate  States  of  America,  V 

War  Department,      \ 

Richmond,  Va.,  April  18,  1863.  ) 

To  the  President  of  the  Confederate  States  : 

Sir:  In  compliance  with  a  resolution  of  the  House  of  Represen- 
tatives requesting  to  be  informed  whether  the  Government  holds,  or 
has  at  any  time  held,  itself  liable  for  the  value  of  slaves  impressed  by 
its  authority  and  escaping  to  the  enemy  while  so  impressed,  and 
whether  the  owners  of  such  slaves  have  been  paid ;  and  also,  calling 
for  the  correspondence,  if  any,  on  the  subject  between  the  Secretary 
of  War,  the  Adjutant  General,  the  Quartermaster  General,  the  Engi- 
neer Bureau,  and  the  Attorney  General,  I  have  the  honor  to  submit, 

1.  The  copy  of  an  order  issued  from  the  office  of  the  Adjutant  and 
Inspector  General  the  18th  March,  1862. 

2.  A  report  of  the  Quartermaster  General,  enclosing  an  opinion 
of  the  Attorney  General. 

3.  A  report  of  the  Chief  of  the  Bureau  of  Engineers. 

There  have  been  a  few  cases  of  claim  under  these  orders,  some  of 
which  have  been  settled. 


The  Department,  latterly,  has  doubted  whether  it  was  authorized  to 
take  such  obligations  upon  itself,  and  has  declined  to  do  so  in  its  cor- 
respondence with  the  Governor  of  South  Carolina  relative  to  an  act 
of  the  Legislature  of  that  State  that  imposed  a  similar  obligation  upon 
the  Confederate  Government  for  slaves  that  might  be  called  into  the 
public  service.  A  copy  of  the  correspondence  is  herewith  submitted. 
Very  respectfully,  your  obedient  servant, 

JAMES  A.  SEDDON, 

Secretary  of  War. 


Adjutant  and  Inspector  General's  Office,  > 
Richmond,  March  19,  1862.      > 

It  is  necessary  for  the  War  Department  to  impress  slaves  and  free 
negroes,  preferably  the  latter,  for  service  as  teamsters  and  carpenters 
in  the  Quartermaster's  Department  of  the  Confederate  army.  The 
bearer  hereof,  Mr.  J.  A.  Clayton,  is  hereby  directed  to  call  upon  the 
citizens  of  Madison,  Green  and  Albemarle  counties,  in  Virginia,  for . 
male  slaves  or  free  negroes,  between  the  ages  of  16  and  50,  for  the 
above  purpose  to  the  number  of  240.  The  negroes  will  be  paid  for 
at  the  rate  of  $30  for  mechanics,  $20  for  teamsters  and  $15  for 
laborers  per  month  each,  and  receive  an  ample  supply  of  provisions, 
the  money  to  be  paid  by  the  Quartermaster's  Department  to  their 
masters  promptly  at  the  places  where  they  may  work.  Payment  will 
be  made  personally  to  the  free  negroes,  or  to  such  agents  as  may  be 
legally  authorized  by  them.  The  cost  of  transportation  to  be  paid  by 
the  government,  the  agent  will  collect  the  negroes,  and  a  fair  com- 
pensation will  be  paid  him  for  the  trouble  by  the  Quartermaster's  De- 
partment. 

The  agent,  Mr.  J.  A.  Clayton,  is  authorized  to  give  receipts  for 
the  negroes,  and  from  the  dates  of  said  receipts  the  government  of 
the  Confederate  States  will  be  responsible  for  the  slaves  according  to 
the  laws  of  Virginia,  with  the  additional  responsibility  for  their  value 
should  they  escape  to  or  be  injured  by  the  enemy. 

These  negroes  will  be  sent  to  the  nearest  wharves  or  railroad  depots, 
in  accordance  to  instructions  to  be  given  by  the  agent.  Cost  of  trans- 
portation will  be  paid  upon  the  production  of  evidence  signed  by  the 
agent,  that  it  has  been  furnished. 

By  order  of  the  Secretary  of  War. 

(Signed,)  S.  COOPER, 

Adjutant  and  Inspector  General. 


War  Department,  ) 

Adjutant  and  Inspector  General' s  Office,      > 

Richmond,  Va.,  18th  March,  1862.  ) 

It  is  necessary  for  the  War  Department  to  impress  slaves  and  free 
negroes  to  extend  and- complete  the  fortifications  for  the  protection  of 
the  country. 


The  citizens  of  county  are  therefore  called  upon  to 

send  forthwith  one- half  of  their  male  slaves  between  the  ages  of  six- 
teen and  fifty,  to  execute  this  work  on  the  Peninsula.  The  negroes 
will  be  paid  for  at  the  rate  of  ten  dollars  per  month  each,  and  receive 
an  ample  supply  of  provisions  ;  the  money  to  be  paid  by  the  engineer 
department  to  their  masters  promptly,  at  the  places  where  they  may 
work.  Payment  will  be  made  personally  to  the  free  negroes,  or  to 
such  agents  as  may  be  legally  authorized  by  them  ;  the  cost  of  trans- 
portation to  be  paid  by  the  government.  The  sheriffs  of  the  counties 
will  collect  the  free  negroes  and  turn  them  over  to  the-  government 
agents  at  any  place  in  the  county  designated  by  the  latter,  and  a  fair 
compensation  will v  be  allowed  the  sheriff  by  the  engineer  department 
for  his  trouble,  upon  the  production  by  him  of  a  receipt  from  the 
agent  acknowledging  the  delivery  of  the  free  negroes. 

The  bearer  of  this  is  authorized  to  give  receipts 

for  the  negroes,  slave  and  free  ;  and  from  the  dates  of  said  receipts 
the  government  of  the  Confederate  States  will  be  responsible  for  the 
slaves  according  to  the  laws  of  Virginia,  with  the  additional  responsi- 
bility for  their  value,  she  uld  they  escape  to  or  be  injured  by  the  enemy. 
These  negroes  will  be  sent  to  the  nearest  wharves  or  railroad  depots, 
in  accordance  with  instructions  to  be  given  by  the  <<gent.  Cost  of 
transportation  will  be  paid  upon  the  production  of  evidence  signed  by 
the  agent  that  it  has  been  furnished. 

In  order  to  facilitate  the  collection  of  the  negroes,  the  government 
agent  may  appoint  sub-agents  from  among  the  owners  of  slaves  in  the 
counties  called  upon,  two  of  whose  negroes  will  be  released  as  com- 
pensation for  their  labor. 


LETTER  FROM  THE  QUARTERMASTER  GENERAL. 

Confederate  States  of  America,  1 

Quartermaster  General's  Office,       > 

Richmond,  April  3,  1863.  ) 

Hon.  James  A.  Seddon, 

Secretary  of  War : 

Sir:  I  have  the  honor  to  acknowledge  your  reference  to' this  office 
of  a  copy  of  the  following  resolution  of  the  House  cf  Representatives, 
passed  February  21,  1  >» 6 3  : 

"  Resolved,  That  the  President  be  requested  to  inform  this  House 
whether  the  Government  holds,  or  has  at  any  time  held,  itself  respon- 
sible for  the  value  of  slaves  impressed  by  its  authority  and  escaping 
to  the  enemy  while  so  impressed,  and  whether  the  owners  of  such 
slaves  have  been  paid;  also,  the  correspondence,  if  any,  between  the 
Secretary  of  War,  *  *  *  *  the  Quartermaster  General,  *  * 
*     *     and  the  A  a  rney  General." 

In  response  to  this  resolution,  so  far  as  the  action  of  this  depart- 


ment  is  involved,  I  respectfully  report  that  the  question  of  this 
liability  was  incidentally  raised  by  a  communication,  I  had  the  honor 
to  address  to  the  Secretary  of  War,  on  the  22d  of  November,  1861, 
which  was  referred  to  the  Attorney  General  for  his  opinion,  a  copy  of 
which  is  herewith  transmitted. 

It  will  be  perceived  that  the  Attorney  General  decided  that  this 
question  of  responsibility  was  one  of  policy,,  which  addressed  itself  to 
the  law-making  power  alone,  and,  in  the  absence  of  legislation,  by 
Congress.  Upon  the  subject  this  department  has  uniformly  deter- 
mined that  a  responsibility  for  the  value  of  impressed  slaves  could 
not  be  admitted,  and  in  no  instance  has  the  payment  of  compensation 
for  their  loss  been  authorized. 

During  the  occupation  .of  the  Peninsula,  the  quartermaster  of 
General  Magruder's  command,  acting,  it  was  understood,  by  his 
order,  advertised  for  a  number  of  slaves,  and  offered  a  guaranty  of 
compensation  for  their  value  in  case  of  their  loss  or  capture  by  the 
enemy.  So  soon  as  this  advertisement  was  brought  to  my  attention, 
I  directed  that  the  proifer  of  such  guaranty  should  be  withdrawn.  It 
is  not  improbable,  however,  that  in  the  meantime  some  slaves  were 
hired  under  the  belief  by  the  owners  that  in  case  of  their  loss  or  cap- 
ture by  the  enemy,  the  Government  would  be  responsible  for  their 
values. 

Subsequently,  on  the  19th  of  March,  1862,  an  order  from  the 
Adjutant  General's  office  directed  a  special  agent  to  obtain  from  the 
Counties  of  Madison  Greene  and  Albemarle,  in  Virginia,  a  number  of 
elaves  for  the  public  service,  and  authorized  him  to  give  receipts  for 
the  negroes  with  the  guaranty  that  "  from  the  date  of  the  receipts  the 
Government  of  the  Confederate  States  will  be  responsible  for  the 
slaves  according  to  the  laws  of  Virginia,  with  the  additional  responsi- 
bility for  their  value  should  they  escape  to,  or  be  captured  by,  the 
enemy." 

I  have  the  honor  to  transmit  copies  of  that  order  and  of  the 
endorsement  thereon,  which  was  submitted  by  me  to  the  Secretary  of 
War.  No  special  instructions  w.ere,  however,  sent  to  this  office,  and 
in  their  absence,  I  have  adhered  to  the  course  hitherto  pursued,  and 
have,  in  no  instance,  authorized  the  payment  of  the  values  of  slaves 
hired  or  impressed  by  the  Government  when  lost  by  escape  to,  or 
capture  by,  the  enemy. 

The  foregoing  statement  comprises  all  the  information  afforded  by 
the  files  of  this  office  in  regard  to  the  inquiry  contained  in  the  reso- 
lution of  the  House  of  Representatives. 

Very  respectfully,  your  obedient  servant, 

A.  C.  MYERS, 
Quartermaster  General. 


LETTER  OF  ATTORNEY  GENERAL. 

Confederate  States  of  America,  } 

Department  of  Justice,  > 

Richmond,  March  14th,  1863.  ) 

Mr.  President  :  I  have  the  honor  to  reply  to  your  letter  of  the  24th 
ultimo,  calling  my  attention  to  a  resolution  of  the  House  of  Repres- 
entatives, requesting  the  President  to  inform  the  House  "  whether 
the  government  holds,  or  has  at  any  time  held,  itself  liable  for  the 
value  of  slaves  impressed  by  its  authority  and  escaping  to  the  enemy, 
while  so  impressed  ;  and  whether  the  owners  of  such  slaves  have  been 
pai<J;  also,  the  correspondence,  if  any,  on  this  subject,  between  the 
Secretary  of  War,  the  Adjutant  General,  the  Quartermaster  General, 
the  Engineer  Bureau,  and  the  Attorney  General." 

The  only  correspondence,  between  the  Attorney  General  and  either 
of  the  officers  named  in  the  resolution  which  touches  the  question 
presented,  is  herewith  enclosed  marked  exhibit  "  A."  I  have  had 
occasion,  in  determining  the  validity  of  claims,  filed  in  this  office,  to 
discuss,  in  a  report,  I  had  the  honor  to  make  on  the  23d  of  February 
to  Congress,  to  express  my  opinion  as  to  the  liability  of  the  Govern- 
ment in  one  case  then  before  me.  I  herewith  send  a  copy  of  that 
report,  maked  exhibit  u  B."       ■ 

Whether  the  doctrine  therein  announced  meets  your  approbation,  I 
do  not  know.  I  have  investigated  the  subject  with  some  care,  and 
believe  that  my  opinion  is  well  fortified  by  an  unbroken  chain  of 
judicial  decisions.  There  is  one  view  I  ought  to  present,  which  is  not 
discussed  in  the  report  made  to  Congress.  It  was  unnecessary  to  dis- 
cuss it  therein,  owing  to  the  order  from  the  Adjutant  General's  office, 
pledging  the  government  to  indemnify  the  owner  of  the  slave  for  I033 
accruing  by  the  escape  of  the  slave.  The  view  is  this,  although  the 
agents  of  the  government,  in  making  the  impressment,  ( in  the  absence 
of  a  law,)  according  to  strict  principles,  may  be  trespassers,  yet  the 
reception  of  hire  from  the  Government  for  the  slave,  by  the  owner, 
may  be  considered  as  a  waiver  of  the  trespass.  Between  individuals, 
when  one  commits  a  trespass  on  the  other's -property,  this  would  un- 
questionably be  true.  When  this  waiver  is  established,  the  owner 
of  the  property  could  not  afterwards  hold  the  other  party  liable  for  the 
original  wrongful  taking.  The  trespass  would  thus  be  merged  into  a 
contract  of  hiring.  The  ordinary  principles,  governing  bailor  and 
bailee,  would  then  apply.  The  bailee  would  not  then  be  responsible 
for  any  damage  to,  or  loss  of,  the  property  unless  such  damages  or  loss 
could  be  attributed  to  some  neglect  or  wrongful  act  of  the  bailee.  If 
the  escape  of  the  slave  to  the  enemy  could  not  be  attributed  to  want 
of  care,  or  the  neglect  or  some  wrongful  act  of  the  bailee,  ho  would 
not  be  responsible  for  such  escape.  But  how  far  the  government  would 
adopt  these  principles  in  dealing  with  its  own  citizens,  when  its  agents 
(without  any  law,  authorizing  them,)  take,  impress  the  slaves,  in  the 
first  instance,  without  express  or  presumed  consent  of  the  owner,  and 
afterwards  pay  the  owner  hire  for  the  slaves  so  impressed,  is,  perhaps, 
more  a  question  for  the  legislative  than  the  executive  department  of 


6 


the  government.     I  have  not  had  occasion   to  express  an  opinion  on 
the  subject  in  any  official  capacity. 

I  have  the  honor  to  be,  very  respectfully,  your  obedient  servant, 

T.  H.  WATTS, 
Attorney  General. 


[EXHIBIT  A.] 

Department  of  Justice,  Richmond,  25th  Nov.,  186!. 

Hon.  J.  P.  Benjamin, 

Secretary  of  War  : 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  the  letter  of  A. 
C.  Myers,  Quartenraster  General,  addressed  to  the  Secretary  of  War, 
accompanied  by  accounts  of  W.  F.  Fitchue,  for  arresting  fugitive 
slaves,  and  Captain  W.  J.  Marshall,  for  bringing  the  said  slaves  from 
the  eastern  shore  qf  Virginia  to  Gloucester  Point,  where  they  had 
been  in  the  employment  of  the  government,  upon  a  contract  of  hiring 
with  the  owner,  and  from  which  the'y  escaped  to  the  eastern  shore. 
The  charge  made  by  Fitchue  is  the  reward  allowed  by  the  law  of 
Virginia  for  the  apprehension  of  fugitive  slaves  and  their  delivery  to 
their  owner  or  agent.  And  that  made  by  Captain  Marshall,  is  what 
he  considers  a  fair  compensation,  under  the  circumstances,  for  his  risk 
and  trouble  in  returning  the  •slaves  to  Gloucester  Point. 

The  papers  are  referred  by  you  to  this  office,  for  my  opinion,  as  to 
the  liability  of  the  Government. 

It  seems  to  be  clear  that  the  government  is  not  legally  bound  to  pay 
these  charges.  Legally  speaking,  it  occupies  the  same  relation  to  the 
owner  of  the  slaves  that  any  individual  hirer  would  have  sustained  to 
•him,  and  in  such  case,  by  the  local  law,  an  extract  of  which  is  given 
in  the  letter  of  the  Quartermaster  General,  the  hirer  would  not  be 
liable.  Similar  laws  doubtless  exist  in  every  State  of  the  Confeder- 
acy. It  may  be  said,  also,  that  it  was.  in  the  power  of  the  owner  to 
protect  himself  by  the  terms  of  the  contract  of  hiring. 

It  is  suggested,  in  the  letter  of  the  Quartermaster  General,  as  a 
fiubject  worthy  of  consideration,  whether  as  a  measure  of  policy,  the 
government  should  avail  itself  of  the  exemption  given  by  law,  in  this 

-  and  similar  cases.  He  also  refers  to  cases,  likely  to  arise,  of  slaves 
impressed  into  the  public  service  by  the  government  without  the  con- 

» cent  of  their  owner,  and  which  may  be  lost  by  reason  of  their  abscond- 
ing. 

As  a  matter  of  policy,  I  think  it  would  be  well  for  the  government 
to  pay  the  expense  of  recapturing   slaves  who  have,  .heretofore,    es- 

-  caped,  whether  in  the  service  of  ^he  government,  under  a  contract  of 
hiring  or  by  impressment,  unless,  in  the  case  of  hiring,  the  risk  had 
been  agreed  to  be  incurred  by  the  owner. 

In  all  future  cases  of  hiring,  the  owner  may  be  well  left  to  protect 


himself  against  the  risk  of  loss  by  escape,  by  the  terms  of  his  contract 
of  hiring. 

In  cases  of  impressment  of  slaves,  and  the  facilities  for  escaping 
being  thereby  increased,  policy  would  also  seem  to  require  that  the 
government  should  pay  to  the  owner  the  value  of  the  slave,  when  es- 
caping to  the  enemy. 

But  these  are  all  questions  of  policy,  addressing  themselves  to  the 
law-making  power,  and,  as  Congress  is  now  in  session,  it  will  be  better 
to  submit  them  to  that  body. 

In  my  reply  to  your  communication  of  the  22d  instant,  I  have  al- 
ready stated  the  liability  of  the  government  for  property  usually  hired 
or  impressed,  and  that  I  thought  the  same  rules  should,  by  analogy, 
be  adopted,  as  to  slave  property,  with,  perhaps,  the  qualification  stated. 

Further  than  that,  I  do  not  feel  prepared  to  advise  the  adoption  of 
any  rule  by  your  department,  but  that  Congress  be  requested  to  leg- 
islate on  the  subject. 

I  return,  herewith,  the  papers  sent  me. 

Very  respectfully,  your  obedient  servant, 
(Signed,)  THOS.  BBJCGG 


(EXHIBIT  B. 


CLAIM    OF    HORACE    MITCHELL. 


It  is  shown  that  the  negro  slave  Monk  was  impressed,  by  order  of 
General  Magruder,  to  work  on  fortifications  on  the  Peninsula.  Whilst 
thus  engaged,  the  negro  left,  and  the  presumption  is  created  that  he 
went  to  the  Yankees.     It  is  not,  however,  made  clear  that  this  is  so. 

At  the  time  this  negro  was  taken,  by  order  of  the  government,  there 
was  no  legal  authority  to  take  private  property  for  public  use.  The 
officer  who  took  the  negro,  therefore,  committed  a  trespass  on  the 
rights  of  the  owner  ;  notwithstanding  such  officer  acted  in  obedience 
to  orders  received  from  the  General  commanding  the  department. 
The  government  could  not  give  any  legal  authority  to  seize  such 
property,  in  the  absence  of  congressional  authority.  None  such 
existed.  But  the  government,  in  such  cases,  ought  to  protect  its 
officers,  acting  in  obedience  to  orders,  especially  when  the  thing  uso'J 
was  for  the  benefit  of  the  government. 

The  government,  for  the  purpose  of  this  argument,  must  be  sup- 
posed to  have  committed  the  trespass  on  the  property.  The  act  showa 
a  conversion  of  the  negro,  and  the  government  is  responsible  for  his 
safe  return  to  the  owner.  Even  in  the  case  of  hiring  such  property, 
it  would  be  the  duty  of  the  bailee  to  return  the  property,  at  the 
expiration  of  the  term  "of  hiring ;  if  not  returned,  the  only  excuse 
which  would  prevent  liability  for  the  failure  to  return,  would  be 
death,  unmixed  with  neglect  on  the  part  of  the  hiring  bailee.  Cer- 
tainly less  stringency  should  not  be  applied,  when  the  property  was 
seized,  without  the  consent  of  the  owner  and  placed  in  the  public 


6 

works.  The  owner,  if  the  case  was  between  individuals,  might  regard 
the  original  taking  as  a  conversion,  and  might  maintain  trover  for  the 
value  of  property  thus  taken.  I  think  the  owner  of  the  negro,  Monk, 
should  not  be  placed  in  a  worse  situation,  because  the  claim  is  against 
the  govenment  for  the  damage.  The  government  cannot  be  sued 
without  its  consent,  and,  for  this  reason,  ought  the  more  readily  do 
justice  to  its  citizens.  Besides  this,  the  order  issued  from  the  Adju- 
tant General's  office,  pledges  the  government  to  pay  for  negroes  so 
seized,  if  they  escape  to  the  enemy.  I  think  the  claim  should  be 
allowed  at  fifteen  hundred  dollars. 

(Signed,)  T.  H.  WATTS, 

Attorney  General. 


Department  of  Justice,      > 
Richmond,  Va.,  November  25,  1861.  > 

Hon.  J.  P.  Benjamin, 

Secretary  of  War  : 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  the  letter  of 
Colonel  A.  C.  Myers,  Quartermaster  General,  addressed  to  the  Secre- 
tary of  War,  accompanied  by  accounts  of  W.  F.  Fitchue,  for  arresting 
fugitive  slaves,  and  of  Captain  W.  J.  Marshall,  for  bringing  said 
slaves  eastern  shore  of  Virginia  to  Gloucester  Point,  where  they  had 
been  in  the  employmelit  of  the  Government,  upon  a  contract  of  hiring 
with  the  owner,  and  from  which  they  escaped  to  the  eastern  shore. 
The  charge  made  by  Fitchue  is  the  reward  allowed  by  the  law  of 
Virginia  for  the  apprehension  of  fugitive  slaves,  and  their  delivery  to 
their  owner  or  agent ;  and  that  made  by  Captain  Marshall  is  what  he 
considers  a  fair  compensation,  under  the  circumstances,  for  his  risk 
and  trouble  in  returning  the  slaves  to  Gloucester  Point. 

The  papers  are  referred  by  you  to  this  office,  for  my  opinion  as  to 
the  liability  of  the  Government. 

It  seems  to  be  clear  that  the  Government  is  not  legally  bound  to 
pay  these  charges.  Legally  speaking,  it  occupies  the  same  relation 
to  the  owner  of  the  slaves  that  any  individual  hirer  would  have  sus- 
tained to  him,  and,  in  such  ease,  by  the  local  law,  an  extract  from 
which  is  given  in  the  letter  of  the  Quartermaster  General,  the  hirer 
would  not  be  liable.  Similar  laws  doubtless  exist  in  every  State  of 
the  Confederacy.  It  may  be  said,  also,  that  it  was  in  the  power  of 
the  owner  to  protect  himself  by  the  terms  of  th-e  contract  of  hiring. 

It  is  suggested,  in  the  letter  of  the  Quartermaster  General,  as  a 
subject  worthy  of  consideration,  whether,  as  a  measure  of  policy,  the 
Government  should  avail  itself  of  the  exemption  given  by  law  in  this 
and  similar  cases.  He  also  refers  to  cases  likely  to  arise  of  slaves 
impressed  into  the  public  service  by  the  Government,  without  the 
consent  of  the  owner,  and  which  may  be  lost  by  reason  of  their 
absconding. 


9 

i 

As  a  matter  of  policy,  I  think  it  would  be  well  for  the  Government 
to  pay  the  expenses  of  recapturing  slaves  who  have  heretofore  escaped, 
whether  in  the  service  of  the  Government  under  a  contract  of  hiring, 
or  by  impressment,  unless  in  the  case  of  hiring,  the  risk  had  been 
agreed  to  be  incurred  by  the  owner. 

In  all  future  cases  of  hiring,  the  owner  may  be  well  left  to  protect 
himself  against  the  risk  of  ldss  by  escape,  by  the  terms  of  his  contract 
of  hiring. 

In  cases  of  impressment  of  slaves,  and  the  facilities  for  escaping 
being  thereby  increased,  policy  would  also  seem  to  require  that  the 
Government  should  pay  to  the  owner  the  value  of  the  slave  when 
escaping  to  the  enemy. 

But  these  are  all  questions  of  policy,  addressing  themselves  to  the 
law-making  power;  and,  as  Congress  is  now  in  session,  it  will  be 
better  to  submit  them  to  that  body. 

In  my  reply  to  your  communication  of  the  22d  instant,  I  have 
already  stated  the  liability  of  the  Government  for  property  usually 
hired  or  impressed,  and  that  I  thought  the  same  rules,  should,  by 
analogy,  be  adopted  as  to  slave  property  with,  perhaps,  the  qualifica- 
tion stated. 

Further  than  that,  I  do  not  feel  prepared  to  advise  the  adoption  of 
any  rule  by  your  Department,  but  that  Congress  be  requested  to 
legislate  on  the  subject. 

I  return  herewith  the  papers  sent  to  me. 

(Signed,)  THOMAS  BRAGG. 


REPORT  OF  CHIEF  OF  BUREAU  OF  ENGINEERS. 

Confederate  States  of  America,  } 

War  Department,  Engineer  Bureau.      \ 
Richmond,  Va.,  March  9th,  1863.  ) 
Hon.  James  A.  Seddon, 

Secretary  of  War  : 

Sir  :  In  response  to  the  resolution  of  the  House  of  Representatives, 
of  the  21st  ultimo,  requesting  the  President  to  inform  them  "whether 
the  government  holds,  or  has  at  any  time  held,  itself  liable  for  the 
value  of  slaves  impressed  by  its  authority,  and  escaping  to  the  enemy, 
while  so  impressed ;  and  whether  the  owners  of  such  slaves  have  been 
paid :  also,  the  correspondence,  if  any,  on  this  subject  between  the 
Secretary  of  War,  the  Adjutant  General,  the  Quartermaster  General, 
the  Engineer  Bureau  and  the  Attorney  General,"  I  have  the  honor  to 
report  : 

1st.  That  when  slaves  are  received  into  the  service  of  the  Confed- 
erate States,  under  the  act  of  the  Virginia  Legislature,  passed  Octo- 
ber 3,  1862,  the  government  holds  itself  liable  for  the  value  of  those 
that  may  escape  to  the  enemy,  from  "  a  want  of  due  diligence  on  the 
part  of  the  authorities  of  the  Confederate  States." 


10 

2d.  That  this  bureau  has  not  paid  the  owners,  for  any  slaves  that 
have  escaped  to  the  enemy,  while  employed  on  works  under  its  di- 
rection. 

3d.  That  this  Bureau  has  had  no  correspondence  on  this  subject. 
Very  respectfully,  your  obedient  servant, 

J.  F.  GILMER, 
Colonel  Engineers  and  Chief  of  Engineer  Bureau. 


Quartermaster  General's  Office,  > 
Richmond,  April  12,  1862.      ] 

The  Secretary  of  War  : 

I  respectfully  submit  the  enclosed  letter  of  authority,  from  the 
Adjutant  and  Inspector  General,  with  the  following  remarks : 

The  agent  thus  appointed  is  authorized  to  receipt  for  the  slaves  he 
may  impress,  and  from  the  date  of  the  receipts  the  government  is 
pledged  to  be  "responsible  for  the  slaves  according  to  the  laws  of  Vir- 
ginia, with  the  additional  responsibility  for  their  value  should  they 
escape  to  or  be  injured  by  the  enemy." 

I  applied  to  the  late  (Secretary  of  War  for  instructions  as  to  the 
responsibility  of  the  government  for  the  value  of  the  impressed  slaves 
who  might  be  captured.  Upon  a  reference  of  the  question  to  the 
Attorney  General,  he  gave  an  opinion  to  the  effect,  that  while  it  was 
the  policy  of  the  government  to  assume  thi3  responsibility,  still  it  was 
a  question  of  policy  which  should  be  submitted  to  Congress  for  its 
action. 

This  opinion  was  communicated  to  me  by  the  Secretary  as  an 
answer  to  my  application  for  instructions.  It  has,  therefore,  been 
regarded  as  controlling  the  action  of  the  quartermaster  department 
in  such  cases. 

The  letter  of  the  Adjutant  General  renders  it  necessary  that  I 
should  receive  instructions,  whether  I  am  still  to  be  governed  by  the 
opinion  of  the  Attorney  General,  or  shall  recognize  contracts  of  in- 
demnity, or  insurance  to  be  made  by  this  or  other  agents,  who  may 
receive  similar,  authority.  If  the  latter,  I  respectfully  suggest  that 
some  mode  of  appraisement  of  the  value  of  impressed  slaves,  should 
be  adopted  promptly. 

(Signed,)  A.  C.  MYERS, 

Quartermaster  General. 


11 

CORRESPONDENCE  BETWEEN  THE  GOVERNOR  OF  SOUTH 
CAROLINA  AND  WAR  DEPARTMENT. 

State  of  South  Carolina,  ^ 

Executive  Office,      > 
Columbia,  January  5,  1863.  ) 
To  Hon.  James  A.  Seddon, 

Secretary  of  War: 
Sir  :  I  had  the  honor  of  transmitting  to  you  on  the  30th  December, 
a  copy  of  an  act  passed  by  the  Legislature  of  this  State,  at  its  recent 
session,  entitled  "  An  Act  to  organize  and  supply  negro  labor  for 
coast  defense,  in  compliance  with  requisitions  of  the  Confederate  gov- 
ernment," and  of  requesting  an  expression  of  assent  or  dissent  to  the 
provisions  of  the  said  act  on  the  part  of  the  government. 

Referring  to  the  third  section  of  the  said  act,  I  beg  leave  to  renew 
the  request  made  in  my  last  communication  on  this  subject,  and  am, 
With  great  respect,  your  obedient  servant, 
(Signed,)  M.  L.  BONHAM. 


Confederate  States  of  America,  } 
War  Department,       > 
Richmond,  Va.,  Jan.  8,  1863.  ) 
His  Excellency,  M.  L.  Bonham, 

Governor  of  South  Carolina,  Columbia,  S.  C.  : 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter 
enclosing  a  copy  of  an  act  of  the  Legislature  of  South  Carolina,  in 
reference  to  the  organization  of  negro  labor  for  coast  defence. 

The  Department  considers  the  proposed  system  for  the  employment 
of  slaves  well  arraigned  and  judicious,  and  approves  highly  of  the 
action  of  the  Legislature;  but  there  is  one  provision  of  the  law,  viz  : 
that  which  requires  payment  for  slaves  who  escape  to,  or  are  captured 
by  the  enemy,  with  regard  to  which,  the  Department  does  not  feel 
authorized  to  take  any  action,  as  Congress  alone  can  provide  for  such 
payment. 

With  high  consideration  and  regard, 

Your  obedient  servant, 
(Signed,)  JAMES  A.  SEDDON, 

Secretary  of  War. 


State  of  South  Carolina,      > 
Headquarters,  Columbia,  January  15,  1863.  ) 
Hon.  James  A.  Seddon, 

Secretary  of  War,  Richmond,  Va. : 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 


12 

the  8th  instant,  in  reference  to  an  act  of  the  Legislature,  for  the  supply 
of  negro  labor  for  coast  defence. 

Please  let  me  know  if  it  is  probable  Congress  will  take  any  action 
on  the  subject  of  payment  for  slaves  who  escape  to,  or  are  captured 
by  the  enemy,  as  provided  in  our  negro  labor  act.  Is  the  matter  to 
be  brought  to  their  attention. 

I  am,  sir,  with  great  respect,  your  obedient  servant, 
(Signed,)  M.    L.  BONHAM. 


Confederate  States  of  America,  J 
War  Department,       > 
Richmond,  Va.,  Jan.  26,  1863.  ) 
His  Excellency,  M.  L.  Bonham, 

Governor  of  South  Carolina,  Columbia,  S.  C.  : 
Sir  :  I  have  the  honor  to  inform  you  that  I  have  submitted  to  the 
Military  Committee  of  the  House  of  Representatives,  for  such  action 
as  may  be  deemed  expedient,  copies  of  the  act  of  the  Legislature  of 
South  Carolina  for  the  supply  of  negro  labor  for  coast  defence,  and  of 
the  correspondence  between  your  Excellency  and  the  Department  on 
the  subject. 

Very  respectfully,  your  obedient  servant, 
(Signed,)  JAMES  A.  SEDDON, 

Secretary  of  War. 


State  of  South  Carolina,  > 

Headquarters,  Columbia,  February  8,  1863.  $ 
Hon.  James  A.  Seddon, 

Secretary  of  War: 
Sir  :  I  have  the  honor  to  enclose  a  copy  of  the   act  amending  the 
negro  labor  law,  of  December,  waiving  the  condition  of  the  first. 

On  your  assent  to  the  other  terms  of  the  act,  which  please  signify 
at  once,  I  will  have  the  labor  which  General  Beauregard  requires, 
furnished  as  soon  as  possible. 

I  am-,  sir,  very  respectfully,  your  obedient  servant, 
(Signed,)  M.   L.  BONHAM. 


AN  ACT  to  amend  an  act,  entitled  "  an  act  to  organize  and  supply 
negro  labor  for  coast  defence,  in  compliance  with  requisitions  of  the 
government  of  the  Confederate  State3 ;  and  to  authorize  and  direct 
the  Governor  to  proceed  to  furnish  negro  labor  under  said  act. 
Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives, 
now  met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the 
same,  That  an  act,  entitled  "  an  act  to  organize  and  supply   negro 


13 

labor  for  coast  defence,  in  compliance  with  requisitions  of  the  gov- 
ernment of  the  Confederate  States,"  passed  on  the  18th  day  of 
December,  Anno  Domini,  eighteen  hundred  and  sixty-two,  be,  and 
the  same  is  hereby  amended,  and  that  the  State  agent,  appointed  un- 
der the  fourth  section  of  said  act,  shall  have  the  power,  and  is  hereby 
authorized  to  appoint,  with  the  approval  of  the  Governor,  such  num- 
ber of  assistant  agents  as,  in  his  judgment,  may  be  necessary  to  ena- 
ble him  to  execute  the  provisions  of  the  sixth  section  of  said  act,  and 
as  a  compensation  for  their  services  while  so  employed,  they  shall  be 
entitled  to  receive  two  dollars  per  diem. 

Sec.  2.  That  the  eleventh  section  of  said  act  be  so  amended,  that 
instead  of  the  fines  and  penalties  therein  imposed  upon  such  owners 
of  slaves  as  shall  neglect  or  refuse  to  send  their  slaves,  according  to 
the  requirments  of  said  act,  such  defaulters  shall  be  liabh  to  a  fine 
of  one  and  a  half  dollars  per  diem  for  each  slave,  for  the  time  they 
shall  be  liable  to  send  such  slaves,  to  be  imposed  and  collected  by  the 
commissioners  of  roads  in  the  district  where  such  default  has  been 
made,  in  the  manner  now  provided  by  law  for  default  in  the  perfor- 
mance of  said  duty. 

Sec  3.  That  the  Governor  be,  and  is  hereby  authorized  and  directed 
to  proceed  to  furnish  negro  labor  to  the  Confederate  government  un- 
der said  act,  notwithstanding  said  government  has  not,  through  the 
proper  officer,  authorized  thereto,  assented  and  agreed  to  the  provi- 
sions -contained  in  said  act,  declaring  said  government  liable  to  the 
owner  for  any  loss  or  damage  of  or  to  the  slave  or  slaves,  during  his 
or  their  service  :  Provided,  however,  That  the  State  does  not  by  this 
act  waive  the  right  to  insist  upon  such  liability,  as  well  as  all  the 
provisions  of  said  act,  and  the  amendments  thereto,  and  he  is  hereby 
directed  to  take  such  proceedings  as  he  may  deem  necessary  and  pro- 
per, to  bring  said  provisions  to  the  notice  of  the  Congress  of  the 
Confederate  States,  and  procure  their  assent  to  all  its  terms  and  con- 
ditions. 

In  the  Senate  House  the  6th  day  of  February,  in  the  year  of  our 
Lord,  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

<Signed,)  M.  D.  PORTER,  President  of  Senate. 

(Signed,)  A.  P.  ALDRUT,  Speaker  of  House  of  Rep. 

I  certify  that  the  foregoing  is  a  correct  copy  of  the  act  now  on  file 
in  the  Secretary  of  State's  office. 

(Signed,)  B.  F.  ARTHUR. 


Confederate  States  of  Aeerica,  ^ 

War  Department,      \ 
Richmond,  Va.,  February  14,  1863.  ) 
His  Excellency,  M.  L.  Bonham. 

Governor  of  South  Carolina,  Colunbia,  S.  C, 

Sir  :     I  have  the  honor  to  acknowledge  the  receipt  of   your  letter 
of  the  8th  inst.,  enclosing  a  copy  of  the  act  of  the  South  Carolina 


14 


Legislature,  amending  the  negro  labor  law,  passed  in  December,  and 
waiving  the  condition  in  the  first  act 

The  department  is  much  gratified  by  the  prompt  and    satisfactory 
action  of  the  Legislature,  and  hereby  signifies  its   acceptance  of  the 

law  as  now  passed.  « 

With  high  regard  and  respect,  your  obedient  servant, 


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